6.2 The jury system and court processes aim to achieve a fair and unbiased hearing

1. 6.2 The jury system and court processes aim to achieve a fair and unbiased hearing • Right to silence (Arrest and Trial) • Right to bail • Use of juries • Appeals process • Fair and equity in sentencing • Open court system

2. Right to silence One feature of Victorian law is that an accused person has the general right to silence, meaning they cannot be compelled to answer police questions during investigations (other than generally providing their name and address) and cannot be compelled to give evidence during their trial or disclose key elements of their case to the prosecution prior to trial. Furthermore, juries cannot assume an unwillingness to provide evidence infers the accused is guilty. http://www.theage.com.au/federal-politics/the-question/should--the-right--to-silence-be-removed-20120120-1qa1z.html Discuss whether or not the right of an accused to not testify during their trial and the right of the defence not to disclose key elements of their case to the prosecution prior to trial impedes the achievement of a fair hearing.

3. Right to Bail • Individuals who have been charged with an indictable criminal offence have the legal right to apply to be granted bail; that is, to be released from police custody until their next court date Own Undertaking Conditional Surety • Being granted bail allows the accused to remain in society with their family and friends, and to prepare their defence. • An accused who is denied bail is held or remanded in custody.

4. Trial by Jury • Provides for a fair and unbiased hearing. • In criminal cases a jury of 12 independent people determine the verdict • Unanimous verdict required • Majority verdict may be accepted in certain circumstances 11/12 • Judge does not decide • In civil cases a jury of 6 members • Having 12 jurors who reflect a cross-section of society determine a unanimous verdict, rather than one judge, can increase the likelihood of a correct verdict (Or does it)????

5. Right to appeal • Parties who are dissatisfied with the outcome in their dispute may have the opportunity to lodge an appeal or have their case reviewed by a superior court. • Both parties may appeal if they believe the judge or magistrate has made an error in law that has led to an unfair trial. http://www.theage.com.au/national/14-retrials-due-to-judge-errors-20091225-lf2n.html • In a criminal case the prosecution may also appeal against the leniency of a sentence.

6. Fair and consistent sentencing • While recognising that the circumstances of each case may differ, there is a need to ensure that offenders who commit similar crimes receive similar sanctions • Consistent sentencing is vital to maintain confidence in the legal system; however, it can be difficult, as sentencing judges must impose a sanction that is fair for the offender, the victim and society. • R v RPJ [2011] P.237

7. Right to an open hearing • Transparent and accountable system of justice • Generally all trials are open to the public unless circumstances dictate it to be a closed hearing • JaidynLeskie http://www.heraldsun.com.au/news/law-order/jaidyn-leskie-case-closed/story-fnat7jnn-1226394861652#mm-premium

8. Your Turn • Questions 1 – 5 located on Page 238 of text book